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Shailesh Textile Industries Vs. the Chief Controlling Revenue Authorit ...

Court : Gujarat

Subject : CivilCommercial

Acts : Bombay Stamp Act, 1958 - Sections 2, 31, 32, 33, 34, 37, 53(1), 54(1A), 56(2), 57, 68, 68(1) and 68(2) - Schedule - Articles 7, 25, 27, 40 and 45; Comptroller and Auditor General (Duties, Powers and Conditions of Service) Act, 1971 - Sections 16; Transfer of Property Act, 1882 - Sections 58, 59 and 70; Evidence Act, 1972 - Sections 92; Indian Registration Act, 1908 - Sections 17, 17(1) and 32A; Indian Income-tax Act, 1961 - Sections 230A(1); Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; Indian Income-tax Act, 1922; Wealth-tax Act, 1957; Expenditure-tax Act, 1957; Gift-tax Act, 1958; Super Profits Tax Act, 1963; Companies (Profits) Surtax Act, 1964

Reported in : AIR1994Guj153

duty with which in his judgment, the instrument is chargeable. Section 32A enables any officer registering under the Registration Act, 1908, an instrument of conveyance, exchange, gift, partition, partnership or settlement or power of attorney as well as any … functions shall, if it appears to him that such an instrument is not duly stamped, impound the same. Section 37 of the Act enjoins duty upon the person impounding an instrument under Section 33 to send to the

Diwakar Prasad Dubey and anr. Vs. Prabhakar Prasad Dubey and anr.

Court : Allahabad

Subject : PropertyFamily

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100 - Order 6, Rule 1; Registration Act, 1908 - Sections 17 and 49; Evidence Act, 1872 - Sections 101 to 104; Hindu Law; Specific Relief Act, 1963 - Sections 37

Reported in : AIR1985All133

Section 100 and Order 6 Rule 1 of Code of Civil Procedure, 1908, Sections 17 and 49 of Registration Act, 1908, Sections 101, 102, 103 and 104 of Evidence Act, 1872, Section 37 of Specific Relief Act, 1963 -

Karuppa Konar @ Porikarar Karuppa Konar (Deceased) and Others Vs. Chin ...

Court : Chennai

Subject : Land Acquisition

any document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is … suit properties as on the date of filing of the suit, the relief should have been valued under Section 37(2)(ii) of the Tamil Nadu Court Fees and Suits Valuation Act, 1955. The suit is also bad for non-joinder

Commissioner of Income-tax Vs. Ghaziabad Engineering Co. (P.) Ltd.

Court : Delhi

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 36, 36(1), 37, 37(1), 40A, 40A(7), 47 and 256(1); Payment of Gratuity Act, 1972; Finance Act, 1975; Registration Act, 1908 - Sections 47

Reported in : (2001)169CTR(Del)74; [2001]249ITR244(Delhi)

: [1962]2SCR474 and Thakur Kishan Singh (Dead.) v. Arvind Kumar, : AIR1995SC73 ). Section 47 of the Indian Registration Act, 1908, provides that a registered document shall operate from the date it would have commenced to operate if no … assessed's claim for deduction of Rs. 3,74,738 on account of the provisions for staff gratuity was admissible under Section 37(1) of the Income-tax Act, 1961 ?'2. The dispute relates to the assessment year 1972-73 for which the previous

Narsingdas Surajmal Properties (P.) Ltd. Vs. Commissioner of Income-ta ...

Court : Guwahati

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 30 to 37; Indian Registration Act, 1908 - Sections 17 and 49

assigning, limiting or extinguishing a right to immovable property'. Therein, their Lordships quoted an extract from Mulla's Indian Registration Act, 1908, 7th edn., p. 189, which is set out hereinbelow : 'The High Courts of Calcutta, Bombay, Allahabad, Madras, … under some other provisions of the Act. If the learned Tribunal holds that the deduction claimed falls under Section 37 of the Act, it will undoubtedly consider as to whether the expenditure was laid out or expended wholly

Som Dev and ors. Vs. Rati Ram and anr.

Court : Punjab and Haryana

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100; Punjab Pre-emption Act, 1913 - Sections 15 and 37; Indian Registration Act, 1908 - Sections 17 and 17(2)

Reported in : (2006)142PLR609

dated 10.10.1980 (Ex.D2). The contention that the decree was required to be registered under Section 17(2)(vi) of the Registration Act, 1908, was rejected. It was further found that the salt price of the land was Rs.40,000/- and the plaintiff … it does, the action of Kadma Kaur would not fall within the purview of the aforesaid clause of Section 37. In Mt. Hiran Bibi v. Mt. Sohan Bibi A.I.R. 1914 P.C. 44, approving the earlier decision of Khunni

Nilkanth Son of Sampat Khandade Vs. Bhaurao Son of Sampat Khandade and ...

Court : Mumbai

Subject : Civil

Acts : Bombay Stamp Act, 1958 - Sections 34, 37 and 49; Indian Registration Act - Sections 17 and 49; Indian Stamp Act; Registration Act, 1908 - Sections 49

Reported in : 2008(4)ALLMR383; 2008(3)BomCR282; 2008(4)MhLj215

with Section 37 of the Bombay Stamps Act, 1958, and Section 17 read with Section 49 of the Registration Act, 1908, the document, in question, is rendered inadmissible in the following admitted premises:[a] Suit is for partition and possession.[b]

Shankar Lal and ors. Vs. the Civil Judge (Jr. Div.) and ors.

Court : Rajasthan

Subject : Civil

Acts : Evidence Act, 1872 - Sections 55, 62, 63, 64 and 65, 66 and 74; Code of Civil Procedure (CPC) - Sections 151; Jaipur Satmp Act - Sections 3(12), 17(1) and 29; Rajasthan Stamp Act, 1998 - Sections 37 and 91; Jaipur Registration Act, 1944 - Sections 17(1), 49 and 93; Indian Registration Act, 1908 - Sections 49; Indian Stamp Act, 1899 - Sections 2(14), 35 and 36; Jaipur Transfer of Property Act, 1944 - Sections 17 and 63A; Jaipur Specific Relief Act, 1943; Transfer of Property Act, 1882 - Sections 17 and 53A; Specific Relief Act, 1877; Rajasthan Stamp Law (Adaptation) Act, 1952; Rajasthan General Clause Act, 1955; Constitution of India - Article 227

Reported in : 2006(3)WLC421

Jaipur Stamp Act, Sections 17(1) (b) and 49(c) of the Jaipur Registration Act, 1944, Section 49 of the Registration Act, 1908, Section 29 of the Jaipur Stamp Act along with Entry No. 13 of Schedule-I Section 91 of the Rajasthan … (for short 'the Act of 1998) which came into force on 27.5.2004 on impounding of the same Under Section 37 of the Act of 1998 and realisation of deficit stamp with penalty. Thereafter the same may be admitted

Smt. Phul Kumari Tripathi Vs. Smt. Bina Devi @ Saraswati Devi

Court : Patna

Subject : Civil

Acts : Registration Act, 1908 - Sections 17 and 49

Devi @ Saraswati Devi), is hereby set aside, and the suit is decreed in the manner indicated hereinabove. Registration Act, 1908, Section 17 read with Section 49 - Agreement--Registered agreement--Legality of--Re-arrangement of plots between the parties--Passage left exclusively for the … not need compulsory registration in terms of Section 17 of the 1908 Act. Relying on the provisions of Section 37(2) of the Bengal, Agra and Assam Civil Courts Act 1887 (hereinafter referred to as the 1887 Act), he

K. Chidambara Manickam Vs. Shakeena and ors.

Court : Chennai

Subject : PropertyBanking

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(2), 13(4), 13(6), 13(8), 17, 35 and 37; Transfer of Property Act, 1882 - Sections 2, 54, 57 and 60; Registration Act, 1908 - Sections 10(2), 17, 17(1) and 17(2); Companies Act, 1956; Securities Contracts (Regulation) Act, 1956; Securities and Exchange Board of India Act, 1992; Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Security Interest (Enforcement) Rules 2002 - Rule 9 and 9(7); Constitution of India - Article 226

Reported in : AIR2008Mad108; [2009]152CompCas196(Mad)

not come to end by issuance of a sale certificate. But, after considering the relevant provisions in the Registration Act, 1908, we are not in agreement with the conclusion arrived by the learned single Judge in allowing the writ … the sale is in derogation of Section 60 of the Transfer of Property Act, in view of the Section 37 of SARFAESI Act? and(iii) Whether Section 35 of the SARFAESI Act has the effect of overriding Section 37